Freedom of information

54.  (1) In this section,

"entity" means the government of a province of Canada or a state of the United States of America; ("entité")

"personal information" means information that is personal information for the purposes of the Freedom of Information and Protection of Privacy Act. ("renseignements personnels") 1998, c. 28, s. 54 (1).

Collection of personal information by owner

(2) Despite any other Act or regulation, the owner may,

(a) collect, only for a purpose described in subsection (5), personal information in any manner from the Ministry of Transportation, the Ontario Transportation Capital Corporation or any entity;

(b) use, only for a purpose described in subsection (5), personal information that was collected from the Ministry of Transportation, the Ontario Transportation Capital Corporation or an entity;

(c) disclose, only for a purpose described in subsection (5), personal information that was collected from the Ministry of Transportation, the Ontario Transportation Capital Corporation or an entity. 1998, c. 28, s. 54 (2).

Collection of personal information by Ministry of Transportation

(3) Despite any other Act or regulation, the Ministry of Transportation may,

(a) collect personal information in any manner from the owner, any person or entity for a purpose described in subsection (5);

(b) use, for a purpose described in subsection (5), personal information that is in its custody or under its control;

(c) disclose the names and addresses of persons who owe tolls, fees and other charges that are in its custody  or under its control or other prescribed personal information to the owner, any person or entity for a purpose described in subsection (5). 1998, c. 28, s. 54 (3).

Ontario Transportation Capital Corporation

(4) The Ontario Transportation Capital Corporation may collect, use and disclose personal information about the users of Highway 407 for a purpose described in subsection (5). 1998, c. 28, s. 54 (4).

Purposes

(5) The following are the purposes referred to in subsections (2), (3) and (4):

1. To assist the owner in the collection and enforcement of tolls, fees and other charges owing with respect to Highway 407.

2. To assist the owner in traffic planning and revenue management with respect to Highway 407.

3. To assist the owner in communicating with users of Highway 407 for the purpose of promoting the use of Highway 407.

4. To assist an entity with whom the owner or the Ministry of Transportation has an agreement relating to the collection and enforcement of tolls. 1998, c. 28, s. 54 (5).

Agreement required

(6) Despite any other Act or regulation, the Minister of Transportation shall, as a condition for the disclosure of personal information pursuant to subsections (3) and (4), require the owner to enter into a written agreement that, in the opinion of the Minister, will protect the confidentiality of the personal information and prohibit the use of the personal information for any purpose not referred to in subsection (5). 1998, c. 28, s. 54 (6).

Other requirements

(7) In addition to the condition required by subsection (6), the Minister may impose any other conditions that he or she considers appropriate. 1998, c. 28, s. 54 (7).

Confidentiality protected

(8) The owner and any other person who collects personal information from the Ministry of Transportation and the Ontario Transportation Capital Corporation shall ensure that all reasonable steps are taken to protect the confidentiality of that personal information, including protecting its confidentiality during its storage, transportation, handling and destruction. 1998, c. 28, s. 54 (8).

Use of information

(9) For the purposes of the Freedom of Information and Protection of Privacy Act, personal information in the custody or under the control of the Ministry of Transportation or the Ontario Transportation Capital Corporation may be used by the Ministry of Transportation or the Ontario Transportation Capital Corporation for the purposes described in subsection (5) and that use shall be deemed to be for a purpose that is consistent with the purpose for which the personal information was obtained or compiled. 1998, c. 28, s. 54 (9).

Purpose of disclosure

(10) For the purposes of the Freedom of Information and Protection of Privacy Act, personal information disclosed by the Ministry of Transportation or the Ontario Transportation Capital Corporation for a purpose described in subsection (5) shall be deemed to have been disclosed for the purpose of complying with this section. 1998, c. 28, s. 54 (10).

Notice not required

(11) Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act does not apply with respect to the collection of personal information authorized by subsections (2), (3) and (4). 1998, c. 28, s. 54 (11).

Retention of information

(12) Personal information collected under clause (2) (a) and used by the owner shall be retained by it for at least 65 days unless the individual to whom the information related consents in writing to its earlier disposal. 1998, c. 28, s. 54 (12).

Offence

(13) A person who knowingly uses or discloses, for a purpose other than a purpose described in subsection (5), personal information that was disclosed to the person by the Ministry of Transportation or the Ontario Transportation Capital Corporation under this section is guilty of an offence and on conviction is liable to a fine of not more than $5,000 or such greater amount as may be prescribed. 1998, c. 28, s. 54 (13).